This is because the occurrence of delicts are ubiquitous; i.e. they happen in every part of society. This makes their appearance in education relatively unexceptional. The difficulty in designing a course on delict therefore is to find cases that inform some of the particularities of education. The following cases –which are mainly hypotheticalwill help you to think about what you need to know in yourschool when implementing policy and in making decisions on actions and process which will have legal implications and ,possibly, legal consequences.So we start with a hypothetical example of an incident which might occur in any school in South Africa today.Example 1: The Tale of Mr Romeo and Miss JulietMr Romeo is a charismatic and popular teacher in the Science Department at Soho High, a well-known school in Gauteng. Unknown to anyone on the staff Mr Romeo has contracted HIV. He has been tested and is aware of his status. He is asked to chaperone the Grade Eight Boarder Dance. He and other chaperones are given a list of specific instructions: to check the Bell Tower at regular intervals; make sure that there are never more than two slow dances in succession; to see that all corridors are well-lit and that no children leave the dance hall and environs until their parents collect them.Juliet is a Grade Twelve Learner, among others on the School Student Council, who volunteers to assist as chaperones for the evening. It is well-known among her peers that she has a crush on Mr Romeo. Towards the end of the evening she asks Mr Romeo to dance and he agrees. After their dance Mr Romeo asks Juliet to accompany him to the Bell Tower, which she does. Two months later Juliet is found to be pregnant but will not reveal who might be the father. A further two months down the line a blood test shows Juliet is HIV positive: she reveals that Mr Romeo and she had become lovers in the Bell Tower on that fateful evening.Mr Romeo is subsequently charged with statutory rape, assault with intention to inflict gross bodily harm and attempted murder.Juliet’s parents sue Soho High School and the Gauteng Department of Education as the second and third defendants in their suit against Mr Romeo on the basis of vicarious liability for the intentional rape of their daughter. The school and the GDE faces a claim for damages for the 17
||ACE SML| MANAGE LAW, POLICY, PLANNING, SCHOOL DEVELOPMENT AND GOVERNANCEviolation of their daughter’s personal rights as well as all future medical expenses for the care of and treatment of her medical condition. Another claim to be answered is for the wrongful birth of their daughter’s child, who may or may not be HIV positive. The damages which will be claimed in this wrongful birth suit will be for the maintenance of the child until he or she becomes self-supporting. This claim will include the cost of medical treatment as well as the cost of providing life-long anti-retroviral treatment should the child in fact prove to be HIV positive.